Improvement Of China’s Labor Dispute Settlement Institution

The direction of social development in China is building a socialist harmonious society, harmonious labor relations are essential elements for building a socialist harmonious society.To implement the requirements of the rule of law, the nature of the socialist harmonious society is people-oriented. The ultimate goal of the rule of law, is to recognize and protect the rights of citizens.Handling labor disputes as a branch of the Labor Law, the adjustment of labor relations law means.During30years of reform and opening up, a large number of non-public enterprises appear and become an important part of socialist economy.China’s labor relations and labor dispute also have new features.One result of these changes is a substantial increase of the labor dispute, our country has entered the labor dispute-prone period.Therefore, resolving the labor disputes fast and efficiently to coordinate labor relations and ensure the building of a harmonious socialist society is becoming more and more important.This article analyzes the current labor dispute settlement mechanism, through reform and improve the current labor dispute settlement mechanism, promote the protection and realization of the rights of the parties in the labor dispute, the ultimate goal of providing judicial guarantees to promote the reform of the labor system, safeguard the legitimate rights and interests of laborers, thereby maintaining social stability, and promote the harmonious development of socialist labor relations, better and building a socialist harmonious society.The text of this paper consists of four parts:The first part broadly described general description of the basic theory of the labor dispute, the scope and content of the conceptual and legal characteristics of the labor dispute, labor dispute,and described the particularity of the labor dispute and existing legal provisionsThe second section deals with the current labor dispute settlement mechanism.Mainly conduct from two aspects:Firstly, pointed out the defects and problems of the existing legal provisions on the basis of summing up, such as the relationship between labor dispute litigation and labor arbitration proceedings on the implementation system of "Arbitration front"; The lack of specialized labor dispute proceedings legislation lead to applicable general civil handler; The lack of existing legislation such as the Constitution provides for the principle. Secondly, the specific operating conditions of the current labor dispute settlement mechanism.The third part mainly analyze the current labor dispute settlement system defect formation. Including three main aspects:Firstly, analyze the labor dispute mediation system’s problems; Secondly, analyze the labor arbitration system’s problems; Thirdly, analyze the labor trial system’s problems.The fourth part of the countermeasures put forward a sound system on the labor dispute.Including four main aspects:Firstly, we should strengthen the government relief on behalf of the public relief; Secondly government should develop efficiency standards higher than ordinary civil disputes relief, that means higher than the second instance of Final Appeal efficiency standards; The third is to strengthen the authority of the labor arbitration, change existing labor arbitration system to a final ruling. The supervision of one final ruling’s principle is judicial legal review, the first instance is Final Appeal.The judicial review of one final cut labor arbitration should limit on legal issues (Rights dispute not Interests dispute), can not involve a question of fact. Labor dispute parties may choose to enter arbitration proceedings or proceedings, the treatment of the two results have finality.